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Revived NSW consorting laws marred by legal battles

Sean Rubinsztein-DunlopUpdated
Tue 19 Mar 2013, 8:09 PM AEDT

In New South Wales, police are armed with Australia's toughest anti-bikie laws. The revived consorting laws mean anyone can be jailed for communicating with convicted criminals.But the introduction of the powers has been marred by legal battles and police bungles. In the latest case, a Sydney teenager was wrongly charged for hanging out with his mates.

Transcript

MARK COLVIN: In New South Wales, police are armed with Australia's toughest anti-bikie laws.

The revived consorting laws mean anyone can be jailed for communicating with convicted criminals.

But the introduction of the powers has been marred by legal battles and police bungles.

In the latest case, a Sydney teenager was wrongly charged for hanging out with his mates.

He could have been jailed for two years.

Sean Rubinsztein-Dunlop reports.

SEAN RUBINSZTEIN-DUNLOP: The boy, who can't be named for legal reasons, has packed a lot of living into his 16 years.

JANE SANDERS: This is a young man who lives with extended family members. His parents don't appear to be in the picture at the moment. He has had some periods where he has been homeless or where at least he has spent a lot of time out on the streets.

SEAN RUBINSZTEIN-DUNLOP: The boy's lawyer is Jane Sanders. She's the principal solicitor at the Shopfront, a legal centre for homeless and disadvantaged young people in Sydney.

She says it's not his first scrape with the law.

JANE SANDERS: A couple of years ago he was dealt with for some assault type offences and a robbery. He spent a little bit of time in juvenile detention as a result of that. So he's certainly had his share of hardship.

SEAN RUBINSZTEIN-DUNLOP: In January, the 16-year-old was picked up by police again for having a meal with a mate at the Parramatta Hungry Jacks.

The boy became one of the first targets of the New South Wales consorting laws, which make it a crime to communicate with at least two convicted criminals.

He faced up to two years in detention and under his bail conditions, he was banned from seeing friends and entering the Parramatta CBD.

JANE SANDERS: That actually prohibited him from accessing a local youth health service which has been a huge source of support for him, not just with traditional type health issues but with social support and counselling as well.

Also the area where he was banned from is a major public transport hub and from where he lives, inevitably, you have to go through that area.

SEAN RUBINSZTEIN-DUNLOP: Those conditions were eased by a magistrate yesterday, when police withdrew the consorting charge.

Jane Sanders says police had charged the boy without showing who he was consorting with.

JANE SANDERS: There was only one other person named in the charge. I don't even know how the charge got past the sergeant of the police station to be quite honest.

It was something that should never have happened and admittedly this young man does have another charge which is still proceeding in court.

If his only charge had been consorting, then we would be seriously considering a false imprisonment or malicious prosecution claim.

SEAN RUBINSZTEIN-DUNLOP: The boy is among a number of disadvantaged people targeted for consorting.

The first person to be jailed was a 21-year-old disability pensioner. But police bungled that case too and the conviction was set aside last year.

A constitutional challenge to the legislation is under way.

SIMON JOYNER: We feel that it seriously undermines every person's right to associate with other members of society and essentially giving the police largely unfettered powers to determine who you can and who you cannot associate with.

SEAN RUBINSZTEIN-DUNLOP: Solicitor Simon Joyner is planning to fight the battle all the way to the High Court.

SIMON JOYNER: This is just the police using their powers in a way that Parliament did not want them to do so.

They've abused their situation by targeting this young boy.

The laws are simply there to target, as indicated, bikies and serious criminals, essentially to try and minimise the drive by shootings.

Now what this boy has to do with that, I fail to see the logic behind that.

SEAN RUBINSZTEIN-DUNLOP: New South Wales Police concede the charge was wrongly laid.

In a statement, they say it was withdrawn as soon as the force became aware of problems and training is underway to make sure it doesn't happen again.

The Police Minister Mike Gallacher is standing by the laws but concedes lessons can be learned.

MIKE GALLACHER: I trust that the police will obviously look at this case, look at the ramifications in terms of the approach that they take to make sure that this relatively new law can be better understood by the police to ensure we don't have repeats of this.

SEAN RUBINSZTEIN-DUNLOP: It might be a long road.

The Ombudsman is reviewing the laws and another eight people accused of consorting remain before the courts.